Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that establishes the state statute of limitations for civil actions brought under Section 1197.5 of the California Labor Code at 3 years after the last discriminatory pay act occurred and expands the look-back period for relief to 10 years.

Highlights:

• Prohibits employers from utilizing salary history information of an applicant for employment as a factor in determining offers and salaries (Sec. 1).

• Requires the employer to provide pay scale information for a position to prospective applicants upon request (Sec. 1).

• Requires employers with 15 or more employees to post PayScale online for all positions being hired (Sec. 1).

• Requires employers to keep records on the wage rate of an employee throughout employment and for at least 3 years after employment (Sec. 1).

• Establishes that individuals who feel employers have violated this section may submit written complaints to the Labor Commissioner within one year of the violation (Sec. 1).

• Establishes a fine ranging from $100 to $10,000 per violation for employers found to violate this section (Sec. 1).

• Establishes “Pay Scale” as a good faith estimate of the salary or hourly wage the employer expects to pay a position upon hire (Sec. 1).

• Prohibits employers from paying employees less based on sex, race, or ethnicity (Sec. 2).

• Establishes that employees who were deprived of wages based on sex, race, or ethnicity can recover wages through civil action against the employer (Sec. 2).

• Prohibits employers from retaliating against employees for complaints regarding this law and establishes civil action as a remedy for employees who are retaliated against (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes the state statute of limitations for civil actions brought under Section 1197.5 of the California Labor Code at 3 years after the last discriminatory pay act occurred and expands the look-back period for relief to 10 years.

Highlights:

• Prohibits employers from utilizing salary history information of an applicant for employment as a factor in determining offers and salaries (Sec. 1).

• Requires the employer to provide pay scale information for a position to prospective applicants upon request (Sec. 1).

• Requires employers with 15 or more employees to post PayScale online for all positions being hired (Sec. 1).

• Requires employers to keep records on the wage rate of an employee throughout employment and for at least 3 years after employment (Sec. 1).

• Establishes that individuals who feel employers have violated this section may submit written complaints to the Labor Commissioner within one year of the violation (Sec. 1).

• Establishes a fine ranging from $100 to $10,000 per violation for employers found to violate this section (Sec. 1).

• Establishes “Pay Scale” as a good faith estimate of the salary or hourly wage the employer expects to pay a position upon hire (Sec. 1).

• Prohibits employers from paying employees less based on sex, race, or ethnicity (Sec. 2).

• Establishes that employees who were deprived of wages based on sex, race, or ethnicity can recover wages through civil action against the employer (Sec. 2).

• Prohibits employers from retaliating against employees for complaints regarding this law and establishes civil action as a remedy for employees who are retaliated against (Sec. 2).

Full Bill Text